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HomeMy WebLinkAboutMinutes 09/08/2010ROLL CALL Members Present: John Matthews, Tim Boyle, Nancy Powers, Carla Sue, and Sissi Bruch. Members Excused. Doc Reiss, Mike Caudill Staff Present: Nathan West, William Bloor, Scott Johns, Janessa Hurd, and Pat Bartholick. Public Present: APPROVAL OF MINUTES Review of the August 11, 2010, regular meeting minutes was continued to later in the meeting. PUBLIC HEARINGS MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 September 8, 2010 6:00 p.m. See Attached Attendance Rosters CONDITIONAL USE PERMIT CUP 10 -03 SWANSON 818 Caroline Street: Proposal to redevelop a structure to include an accessory residential unit (ARU) in the RS -7 Residential Single Family zone. Associate Planner Scott Johns reviewed the Department Report recommending approval of the conditional use permit with 4 conditions. Chair Matthews reviewed the quasi- judicial public hearing guidelines and qualifying statements with Commission members. Commissioner Powers stated that she is personally acquainted with the architect who is representing the project. All Commissioners responded for the record that they did not have appearance of fairness or conflict of interest issues with regard to the pending public hearing matters Chair Matthews opened the public hearing at 6 19 p.m. Chair Matthews indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. Ken Hays, 120 Bell St, Sequin:, WA, represented the proponents and considered the application to be straightfonvard. He asked if the Commissioners had any questions. There being no further testimony, Chair Matthews closed the public hearing at 6.20 p.m. Commissioner Powers moved that the Planning Commission approve CUP 10 -03 subject to the following conditions, and supported by the following findings and conclusions: Planning Commission Minutes September 8, 2010 Page 2 Commissioner Powers moved that the Planning Commission approve CUP 10 -03 subject to the following conditions, and supported by the following findings and conclusions: Conditions 1 Addressing for each dwelling unit shall be clearly identified as 818 A and 818 'A B East Caroline Street. Address numbers must be at least six (6) inches in height and readily visible from the street and of contrasting color from their background. Two (2) off street parking spaces are required for each residential dwelling unit for a total of four (4) spaces. 3 Driveway and site access shall be constructed to Public Works and Utilities Standards. 4 All utility improvements including water, sanitary sewer, storm drainage and electrical are to be completed to the satisfaction of the Public Works and Utilities Department. Separate water and electrical meters are required for each dwelling unit. Findings Based on the information provided in the Community and Economic Development Staff Report for CUP 10 -03 dated September 8, 2010, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 2. 1 Eric and Jennifer Swanson submitted a Conditional Use Permit application for an accessory residential unit on August 9, 2010. 2. The proposed site is legally described as the west one half of Lot 4 and Lot 5 Block 37, Norman R. Smith Subdivision of Port Angeles, WA, located at 818 East Caroline Street. 3 The site is 10,498 sq. ft. in area and is zoned RS -7 Residential Single Family Adjacent zoning designations are Commercial Office (CO) located immediately east of the site and RS -7 south and west of the site. Public Buildings and Parks (PBP) areas are located along the marine bluff and the Olympic Medical Center located immediately northeast of the site. Commercial Arterial (CA) zoning is found one and one half blocks south of the site along the main Front Street corridor 4 The City's Comprehensive Plan Map designates the site and areas north and west as Low Density Residential. Properties east and south of the site are designated Commercial with Open Space located along the marine bluff (Olympic Medical Center). Planning Commission Minutes September 8, 2010 Page 3 5 The site is located in the City's North Central Planning Area. The subject site is located on the south side of East Caroline Street between Race and Francis Streets. Development in the neighborhood includes predominately a mix of single family residential uses to the north and west with professional office use to the south and east. The Olympic Medical Center is located one block east of the site. 6. The City's Comprehensive Plan goals and policies were reviewed for consistency with the proposal. Land Use Element Goal A and Policy A.2 and C2, Housing Element A.6 and B.6, and Transportation Element Policy B 14 where found to be specific to the proposal and are listed as Attachment B to the September 8, 2010, staff report. 7 Per 17.96.050 PAMC, the Planning Commission shall consider applications for conditional use permits as specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. In each application the Planning Commission may impose whatever restrictions or conditions are considered essential to protect the public health, safety, welfare, and to prevent depreciation of neighboring property Conditional uses shall be evaluated to determine if the characteristics of the intended use as related to the specific proposed site would defeat the purpose of the City's Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use would defeat the purpose of the City's zoning regulations. A development that is approved through the conditional use permit process must remain in continual compliance with specific conditions of approval or may be revoked. 8. An ARU may be no larger than 50% the size of the primary residence in the RS -7 zone. As proposed, the ARU will be 50% the size of the redesigned primary structure. 9 A portion (west side) of the first floor portion of the structure would be developed as the accessory residential unit with a (separated) portion of the lower floor containing a media room and office area for the primary use that includes the entire second floor occupying a total of approximately 1900 sq.ft. The first floor accessory residential unit (ADU) contains a total of 928 sq.ft. which is 50% the total area of the entire structure. Site plans submitted indicate that the required setbacks and other development standards required in the RS -7 zone will be met by site development. 10 Site access development must comply with Public Works and Utilities Standards that are contained in the Urban Services Standards Guidelines Manual. 11 Notification of the conditional use permit application was placed in the Peninsula Daily News on August 15, 2010 Public notice was mailed to property owners within 300 feet of the subject property on August 12, 2010. The site was posted on August 12, 2010. No comment was received during the written comment period. 12. A Determination of Non-Significance was issued for the proposed action on September 1, 2010 Planning Commission Minutes September 8, 2010 Page 4 13 The Planning Commission opened a public hearing on the proposal at the September 8, 2010, regular Planning Commission meeting. The Planning Commission action is final unless appealed to the City Council. Conclusions Based on the information provided in the Department of Community and Economic Development Staff Report for CUP 10 -03 dated September 8, 2010, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: 1 As conditioned, the proposal is consistent with the intent of the Comprehensive Plan. 2. As conditioned the proposal is consistent with requirements for approval of a conditional use permit as specified in PAMC 17.96.050, and with the requirement of a conditional use permit for an accessory residential unit in the RS -7 per PAMC 17 10 040(A) 3 As conditioned, the proposal is consistent with PAMC Chapter 14 40 (Parking Ordinance). 4 The use is in the public interest as it allows for a variety of housing opportunities within the City and particularly within proximity to uses where a variety of housing opportunities may be beneficial. 5 The City's responsibility under the State Environmental Policy Act in review of the proposal has been satisfied. The motion was seconded by Commissioner Boyle, and passed 5 -0. CONDITIONAL USE PERMIT CUP 10 -02 PENINSULA COMMUNITY MENTAL HEALTH (PCMH)- 203 West Twelfth Street: Request to permit a group home in the RS -7 Residential Single Family zone. Community and Economic Development Director West reviewed the Department Report recommending approval of the application. He described the public notification process and stated that all written comments submitted were attached to the staff report. He also stated that the staff report sent out on September 3, 2010, was a draft, and that staff had incorporated the new staff report with the new comments submitted. He stated that staff recommended approval with conditions, findings, and conclusions. Commissioner Bruch addressed a letter that questioned the group home's licensing requirements. Director West stated that staff has researched the licensing requirements at length with the Washington State Department of Health, the Washington State Department of Health and Social Services, and the Peninsula Regional Support Network, and that staff was able to verify that a license is not required for the use as proposed. Commissioner Boyle asked if the City Attorney agreed with the licensing need assessment. Attorney Bloor stated that the City of Port Angeles does not issue the operational license and he does not have a reason to disagree with the statement. Commissioner Boyle asked if Peninsula Community Planning Commission Minutes September 8. 2010 Page 5 Mental Health had similar homes in the City, County, or State. Director West stated that PCMH does operate other group homes in the City Chair Matthews reviewed the quasi-judicial public hearing guidelines and qualifying statements with Commission members. All Commissioners responded, for the record, that they did not have appearance of fairness or conflict of interest issues with regard to the pending public hearing matter Chair Matthews opened the public hearing at 6.35 p.m., and stated that the public would have a 2 %z minute time limit to speak due to the large number of people who wish to testify Chair Matthews indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. Peter Casey, 242 Leprechaun Lane, Port Angeles, WA, Executive Director of Peninsula Community Mental Health, agreed with the recommendations of the City of Port Angeles Planning staff. He described changes in operation of the residence that have been recently implemented and stated that the home is operating better than in the past. He described the other group homes that are operated in the City of Port Angeles, and the need for these facilities in our area. He addressed some of the issues that the group home had experienced recently and stated that they only three police responses had been necessary in the past six months as a result of the changes. Commissioner Boyle asked if any other facilities were licensed. Mr Casey stated that one 24 -hour care facility is state licensed. Commissioner Bruch asked if any of the other facilities are having the same issues with the emergency calls. Mr Casey stated that individuals with mental health issues will have breakdowns but most of the police reports are for innocuous reasons. He discussed their ongoing relationship with the City of Port Angeles Police Department and said that they have made a lot of improvements over the previous three to six months to address the need for emergency calls. Commissioner Powers asked about the community outreach plan. Mr Casey explained plans for a community outreach plan that includes contact with neighbors who express concerns and continuing to meet with the neighborhood and affected property owners. Chair Matthews asked questions about why they had gone so long without a conditional use permit. Mr Casey explained that Peninsula Community Mental Health was under the impression that they did not need a conditional use permit for a supportive living residence based upon advice from a previous City Attorney Commissioner Boyle asked if granting the conditional use permit would cause Peninsula Community Mental Health to change any management or policy actions. Mr Casey stated that they had already made numerous changes. Chair Matthews asked if occupants at the home require different levels of monitoring. Mr Casey replied by discussing their 24 -hour care facility and the transitions patients make between the two facilities. Commissioner Boyle asked if Peninsula Community Mental Health is a for profit organization. Mr Casey replied that PCMH is a non profit organization. Commissioner Boyle asked questions about State cuts and funding. Rosie von Engel, 1301 South r Sequin:, WA, spoke on behalf of the local Clallam County Chapter for the National Alliance of Mental Illness. She thanked the Planning Commission Minutes September 8, 2010 Page 6 Commissioners for a chance to educate the public on mental illness and described her children's issues with brain disorders. She discussed the issues regarding people not wanting facilities like this in their own backyard and stated that not everyone with a mental illness is a felon. Arlene Engel, PO Box 250, Sequuint, WA, provided information on individuals with brain disorders and stated that it is a genetics issue. She was grateful to staff for their positive recommendation and supported the proposal. Betsy Reed Schultz, 1108 South Oak Street, Port Angeles, WA, spoke in support of the facility stating that if PCMH receives support they will become a shining star in our community Glen Barbieri, 401 East, 5 Street, #117, Port Angeles, WA, has schizophrenia and described his personal history with mental illness. While he understands the general public's concerns about the use, he knows the occupants who live in the house, and he supports approval of the action. Dr. Steven Howarth, 207 West 12`" Street, Port Angeles, WA, stated that he filed the initial inquiry into the residence on 12` Street. He provided a brief history of the issues and meetings he had with Peter Casey He believes that Peninsula Community Mental Health and the City of Port Angeles have failed, and wants the people in the house to get better care as well as less police involvement. Vivian Mulligan, 1620 East 5"' Street, Port Angeles, WA, Secretary of the Clallam County Chapter for the National Alliance on Mental Illness, described her family's history with brain disorders and stated that not everyone is lucky enough to have a family to take care of them. She stated that the community should not turn these people away and applauded the Planning Commission. Barb McFall, PO Box 1746, Port Angeles, WA, described her work with PCMH as a Port Angeles Police Officer She stated that her concerns stemmed from the house needing to be properly maintained and supervised. Patrick Irwin, 403 South Peabody, Port Angeles, WA, spoke on behalf of his clients, Howard Ruddell and Dr. Steven Howarth. He considered the issue to be what conditions the facility could operate under, not whether the facility should exist. He said that his clients' concerns are that the home operate under needed supervision and that consumers are cared for properly He discussed licensing requirements for adult family homes and supported living units and asked about the Washington State Department of Social and Health Services (DSHS) licensing requirements. The Washington DSHS staff did not know the licensing requirements, He lodged a complaint with the State over the issue. He stated that there are benefits to the community in having this facility, but it needs to operate in compliance with any State licensing requirements. Mr Irwin responded to a question from Commissioner Powers by stating that the State needed more time and information on the issue. Deb Reed, 1727 East Woodhaven Lane, Port Angeles, WA, President of the Peninsula Community Mental Health Board of Directors, spoke regarding issues that Barb McFall raised regarding the facility Planning Commission Minutes September 8, 2010 Page 7 Linda Howarth, 207 West 12 Street, Port Angeles, WA, spoke regarding her professional background as a nurse. She stated that one of the residents of the home had threatened a neighbor child. She was concerned with safety issues relating to the facility Louisa Monger, 1312 South Laurel Street, Port Angeles, WA also spoke regarding the safety issues related to the facility Grant Munro, 1765 East Woodhaven Lane, Port Angeles, WA Peninsula Community Mental Health Board member, spoke in favor of the Conditional Use Permit and stated that they will continue their efforts in maintaining the home. Michael Juhas, 302 West 11 Street, Port Angeles, WA, spoke regarding the safety issues at the facility including number of police incidents, a sex offender living at the facility for two months last year, and the proximity of two elementary schools in the area. He asked that the Commission postpone their decision to do further research on the issue. Dawn Saiz, 118 East 8 Street, Port Angeles, WA, Residential Supervisor for Peninsula Community Mental Health, discussed the history of the facility She stated that these facilities are a necessity in our community and offered to assist neighborhood residents with questions. She can be reached at any time. Becky Daniel, 257516 Highway 101, Port Angeles, WA, stated that her son has schizophrenia and has received excellent care while in residence at the 12 Street facility Howard Ruddell, 136 West 12 Street, Port Angeles, WA, said that it was not an argument about whether this kind of care is needed, but whether the residents of the facility receive proper care. If the facility had been properly managed, a number of recent incidents would likely not have occurred. He asked City staff if Jefferson and Queen of Angels Schools had been notified for the conditional use permit hearing. Finally, he asked that the Commission postpone the issue and thanked the Peninsula Daily News for attending the meeting. Director West replied that Queen of Angels School was notified but that Jefferson School was not because it was not within the 300 -foot requirement for notification. Julie Calabria, 253 Shadow Lane, Port Angeles, WA, Clinical Director for Peninsula Community Mental Health, spoke in favor of the permit. Mary Benavidez, 41 Shiloh Lane, Sequin!, WA, spoke regarding the comments about recent police reports. She stated that not everyone had correct information about incidents at the facility according to the police reports that she has read. Peter Casey, 242 Leprechaun Lane, Port Angeles, WA, Executive Director of Peninsula Community Mental Health, provided information in rebuttal to individual public testimony He addressed concerns about facility incidents and about whether this is an issue of people not wanting a facility like this in their community There being no further testimony, Chair Matthews closed the public hearing at 7 42 p.m. Commissioner Bruch began discussion on stipulations regarding the outreach plan and suggested that Peninsula Community Mental Health be required to communicate with the neighborhood at Least once a year She stated that increased communication between PCMH and the neighborhood is important, especially if there are any registered sex offenders. Director West addressed state licensing issues, stating that the State only requires licensing for Adult Family Homes and reiterated that the subject application for Peninsula Community Mental Health is not for that type of facility The Commission could choose to add conditions regarding communication with the neighborhood, but an additional finding would also need to be added to support such a condition. Commissioner Powers suggested, Planning Commission Minutes September 8, 2010 Page 8 and Peter Casey agreed, to communicate with the neighborhood at least four times a year Attorney Bloor stated that it was implicit in the Port Angeles Zoning Code that any operation that needs a conditional use permit must comply with state law in such operation. Chair Matthews discussed the issue surrounding the supervision at the facility as well as communication with the neighborhood. He agreed with Commissioner Powers that regular communication with the neighborhood is necessary and suggested adding this as a condition. Commissioner Bruch agreed with Chair Matthews, but Commissioner Powers had some objections to adding specifics to the conditions. Commissioner Bruch expressed her concerns about Peninsula Community Mental Health's other facilities and if they are having the same issues as this location. Commissioner Powers wondered how the City would be informed if the home is not being maintained properly Director West stated that the applicant is required to comply with the conditions of approval in maintenance of the site. If the site is not maintained properly, it will likely be either reported or noticed. Chair Matthews suggested adding wording to condition #3 that neighborhood forums be held on a quarterly basis for the first year and semi annually thereafter He asked what kind of facility this is, to which Director West replied that it is considered a supportive living residence. Director West noted that the Port Angeles Municipal Code does not currently contain a definition for "supportive living residences so the City is relying on the State's definition. Commissioner Bruch moved to approve Conditional Use Permit 10 -02 with the 4 conditions, 26 findings, and 8 conclusions recommended by staff in support of the action. Director West stated that if condition #3 was changed from staffs recommendation, Finding #19 would also need to be modified. Attorney Bloor clarified the rules associated with modifying conditions, findings, and conclusions. The motion died for lack of a second. Director West responded to questions regarding possible modifications to the recommended conditions and findings to address the Commission's concerns regarding timing of outreach forums and state licensing. He recommended taking a short recess to draft the modifications. Chair Matthews recessed the meeting for a break at 8 11 p.m. The meeting reconvened at 8.27 p.m. Following reading the suggested modifications into the record, Commissioner Bruch moved to approve Conditional Use Permit 10 -02 subject to the following modified conditions, supported by the following modified findings, and conclusions: Conditions. 1 The conditional use permit is approved for Peninsula Community Mental Health to operate a group home use at 203 West 12` Street per application identified as Conditional Use Permit CUP 10 -02 dated received on July 6, 2010 The use shall include a Resident Aide as described in said application. Any change in the operation of the residence will require prior review by the Planning Commission or the approval shall be deemed invalidated. 2. PCMH will carefully screen clients pursuant to their policy for safety and well being to live in a residential family zone. Planning Commission Minutes September 8, 2010 Page 9 3 A neighborhood outreach plan shall be developed that will inform neighbors of the program goals and provide a forum where issues of concern will be addressed by PCMH in operation of the group home use. These forums shall be conducted on a quarterly basis for the first year, and them semi- annually thereafter The plan shall include a method for reporting a summary of meetings with neighbors and how concerns were addressed, or if any concerns were noted, that will become part of the public record file. The outreach plan shall be provided to the Planning Commission within one month of approval of the permit. 4 The renovated residence will continue to be maintained in the current manner such that it complements other residences in the neighborhood in appearance and character The off street parking area at the rear of the residence will remain available for residents and visitors. 5 The applicant shall obtain any required State and /or Federal licensing and shall observe all such applicable regulations throughout the proposed occupancy Findings Based on the information provided in the Community Development Staff Report for CUP 10 -02 dated August 25, 2010, including all information in the public record file, comments and testimony presented during the public hearing, the Planning Commission discussion and deliberation, and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby finds that: 1 On July 6, 2010, Peninsula Community Mental Health (PCMH) applied to the City Department of Community Economic Development (DCED) for a conditional use permit to allow a supported living home to be located at 203 West 12 Street in the City's RS -7 Residential Single Family zone. 2. Group homes and hospices are identified as permitted by conditional use permit in the RS -7 Residential Single Family zone under Section 17 10 040(I) PAMC. Section 17 10 040(R) PAMC allows for other uses compatible with the intent of this Chapter as conditional uses. A supported living home is nearly identical to a group home. 3 A Conditional Use is defined in Section 17.08.020(H) of the PAMC as "a use permitted in a zone but which requires a special degree of control to snake such use consistent and compatible with other existing or permissible uses in the same zone 4 A Group Home is defined in Section 17.08.040(C) of the Port Angeles Municipal Code as a non- independent, non family, housekeeping unit in which the residents are assisted by an outside agency or organization. Some examples of group homes include state licensed homes for the handicapped and physically disabled, homes for the mentally ill, hones for those with developmental disabilities, except that group homes do not include adult family hones, supported living arrangements or residential care facilities. They also include state licensed group homes for residential centers for rehabilitation front alcohol and drugs, and transitional housing for victims of domestic violence." 5 The proposed living arrangement is described as "supported living" by the Department of Health. WAC 388 101 -3000 defines supported living as "instruction, Planning Commission Minutes September 8, 2010 Page 10 support, and services provide by service providers to clients living in homes that are owned, rented, or leased by the client or their legal representative." 6. Section 17.10.010 of the Port Angeles Municipal Code describes the RS -7 Residential Single Family zone as a low density residential zone intended to create and preserve urban single family residential neighborhoods consisting ofpredominantly single family homes on standard Townsite sized lots. Uses which are compatible with and functionally related to a single family residential environment may also be located in this zone. Conditional uses that may be located in the RS -7 zone include but are not limited to accessory residential units, assisted living facilities, child day cares, and churches. 7 A Conditional Use Permit is defined in Section 17.08.020(G) of the Port Angeles Municipal Code as a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest" and further states in (H) of the same section "Conditional Use a use permitted in a zone but which requires a special degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone." 8. Section 17.96.050 of the Port Angeles Municipal Code provides that "The Planning Commission shall consider applications for conditional use permits for uses specified in the applicable Chapter of the Zoning Regulations. The Planning Commission may grant said permits which are consistent and compatible with the purpose of the zone in which the use is located, are consistent with the Comprehensive Plan, and not contrary to the public use and interest. The Planning Commission may refuse to issue a conditional use permit if the characteristics of the intended use as related to the specific proposed site are such as would defeat the purpose of these Zoning Regulations by introducing incompatible, detrimental, or hazardous conditions. In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property 9 Section 17.96 070(A) PAMC provides "Hearing and Appeal of Conditional or Unclassified Use Permit Applications. Notice and Hearing for Conditional or Unclassified Use Permits. Upon filing an application for a conditional or unclassified use permit in which the application sets forth fully the grounds for, and the facts deemed to justify, the granting of a Conditional or Unclassified Use Permit, the Planning Commission shall give public notice, as provided in PAMC 17.96 140, of the intention to consider at a public hearing the granting of a Conditional or Unclassified Use Permit." The Planning Commission's decision is final unless appealed to the City Council. 10 Conditional Use Permit (CUP 91(6)10) was approved for Peninsula Mental Health to conduct a group home to house teen age girls at 203 West 12th Street on June 12, 1991 The use was approved with conditions. The permit expired in August, 1996. Planning Commission Minutes September 8, 2010 Page 11 11 The occupancy of 203 W 12th Street changed to adults in the mid 1990's. City staff was not informed of the change in occupancy PCMH staff believed that the City's definition of a "family," found in Section 17.08.035 "F "(A) of the PAMC, permitted the occupancy of up to 6 unrelated adults without a conditional use permit. The use went unreported until November, 2009, when neighbors brought the matter to the City's attention and staff contacted PCMH staff. 12. The site is situated in the City's Central Planning Area that is served by all municipal emergency services. 13 The neighborhood is a well- established, completely built out, traditional neighborhood comprised of single family homes mainly on individual lots. The area is commonly referred to as "Cherry Hill" and is identified by the location of the Queen of Angels Church and convent/elementary school (two blocks immediately north of the property), St. Matthew's Lutheran Church and daycare, and Jefferson Elementary School (three blocks east of the site). A well established bed and breakfast use is located adjacent to the site north of the 11/12 Alley with other commercial uses located north along 8th Street and south to Lauridsen Boulevard. PCMH's main office facility is located four blocks north on 8th Street from the location. The City's main fire hall is located seven blocks immediately north of the site. 14 The proposed supported living home is located on a single Townsite lot developed as a six bedroom residential structure. The site is completely fenced and provides parking at the rear The structure and grounds have been considerably upgraded over the past year such that it blends in well with surrounding residential uses. 15 Consumers of Peninsula Community Mental Health services who will reside in the home do not live independently These residents have been diagnosed with mental illness and are in need of some assistance in their daily lives that is provided by PCMH. They have either limited or no contact with their families and few social supports. The residents are able to manage their finances, take medication on their own, purchase and prepare food, and perform housekeeping and some residence maintenance activities. PCMH Case Aides and Peer Support Specialists visit the residence 5 7 days per week to provide coaching in nutrition, hygiene, time management, problem solving, budgeting, transportation, health support, and vocational plans. 16 The applicant has proposed a home where a resident consumer will be trained to be a Residence Aide with responsibility for daily management duties with oversight by PCMH professionals as an in house level of supervision. The Resident Aide will be under the direct supervision of a state certified Residential Supervisor. The Resident Aide will communicate regularly with residential staff, assist in maintenance of grounds and encourage compliance with house rules. Application information indicates that consumers who occupy this type of group residence do not need 24- hour care but would benefit from in -house supervision. 17 PCMH Director Peter Casey indicated that residents will be screened to ensure that at -risk individuals will not be placed in the residence. PCMH has a policy to screen residents for placement within a residential zone given a number of factors including Planning Commission Minutes September 8, 2010 Page 12 safety and well -being and criminal history Consumers who do not meet the criteria will not be placed in the residence. Mr. Casey acknowledged that an unfortunate resident placement went unnoticed for many years but when this information was made known to staff, the individual was immediately removed from the residence to a more appropriate location. 18. Although unlicensed for the past 12 years, the home use has been in place and operated by PCMH with little incident for a total of 18 years at the subject location. Mr Casey and PCMH staff have been working with City staff to bring the use into compliance with local zoning laws and to conduct an outreach program to the neighborhood that will be a forum to identify and address any issues that may arise from the occupancy in the future. 19 Neighbors to the home contacted City staff in November, 2009, to discuss occupancy concerns following a meeting with PCMH staff in October Neighbors expressed a desire to initiate a neighborhood outreach and education program similar to the condition that was attached to Conditional Use Permit CUP 91(06)10 PCMH Director Casey is aware of the advantages of such a program and agreed to initiate same. In order to fulfill the purposes of the condition, such a forum, held on a quarterly basis, will ensure adequate communication and informed improvement to the program. The previous conditional use permit required monitoring during extension review of the CUP 20 The Federal Fair Housing Act (FFHA) requires that licensing requirements shall not violate the rights of individuals to reasonable accommodations in zoning practices. Conditional use permits may not discriminate against the handicapped but shall protect their safety as well as the safety of the community in general. 21 The City of Port Angeles allows for group home use by conditional use permit in all residential zones. Such review is intended to identify emergency service needs and identify particular characteristics of individual neighborhoods. 22. Peninsula Community Mental Health operates under oversight by the Departments of Health (DOH) and Social and Health Services (DSHS). 23 The Federal Housing Authority Act (FHAA) has limited some municipal zoning authority in an effort to avoid stereotyping to achieve community integration. The common policy per FHAA is to require group homes to be distributed throughout the community where residents are able to live in mainstream residential neighborhoods rather than in a cluster of group homes segregated from the rest of the community Local zoning regulations maintain some authority over locational siting but regulations must be administered similarly to any such group occupancy 24 The Port Angeles Comprehensive Plan was reviewed it in its entirety in analysis of this application. The goals, policies, and objectives listed in Attachment B to this staff report were found to be the most applicable to the proposed use. 25 Public notification was mailed to property owners within 300 feet of the subject site and posted on the property on July 29, 2010, and August 24, 2010 Notification was placed in the Peninsula Daily News on August 24, 2010, with written comment accepted by September 7, 2010 Comments provided by neighbors with regard to the Planning Commission Minutes September 8, 2010 Page 13 use during the written public comment period are attached as Attachment "C" to this staff report. Written comment provided after the close of the written comment period were presented at the public hearing to be included in the record. Those written comments were provided by Arlene Engel, Linda Gorden, Randy Bailey, Rosie von Engel, Kay Snowbrook, Janice Reid, and Betty Brooks. 26 A Determination of NonSignificance was issued for the proposed action on September 8, 2010, per WAC 197 -11 -355 This action satisfies the City's responsibility under the Washington State Environmental Policy Act (SEPA). 27 It is implicit in the Port Angeles Municipal Code that all conditional uses must be in compliance with State and Federal law Conclusions Based on the information provided in the Department of Community Development Staff Report for CUP 10 -02 dated August 25, 2010, including all of the information in the public record file, comments, and testimony presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed conditions of approval and listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The use as proposed mirrors the definition of a group home as defined in Section 17 08.040(C) of the Port Angeles Municipal Code and is permissible by conditional use permit in the RS -7 Residential Single Family zone under Section 17 10 040(R) PAMC. Group homes and supported living arrangements ensure that special needs individuals are afforded reasonable accommodation in their residential living situations and are not clustered in institutional environments when such individuals are prepared to live more independently This practice empowers such individuals to live as capably as possible with responsible supervision. B. The conditional use permit was processed per Section 17.96.050 of the Port Angeles Municipal Code with conditions attached to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property C An outreach program will enable the neighborhood an opportunity to participate in the success of the home through familiarity with the residents and knowledge of the procedures of the home. The program will provide an opportunity to communicate before concerns become issues and will ensure the safety and well -being of residents and the neighborhood. D Registration of group homes and supported living arrangements protects residents and identifies their homes for responders during emergency and general aid calls. Review of the location of group homes and supported living arrangements ensures that the uses will integrate well into residential neighborhoods while providing reasonable accommodation to all groups of people. E. As conditioned, the residence will be maintained in an updated manner consistent with other neighborhood properties and will therefore ensure the retention of neighborhood property values in the single family neighborhood in which the site is located. Planning Commission illtnutes September 8, 2010 Page 14 F The Residence Aide will be able to quickly respond to any issues that may arise in the residence thereby reducing the need for outside assistance from either the City's emergency services or PCMH employees. Property maintenance skills will benefit group residents and enhance the neighborhood value as a whole. The group home will be supported by PCMH professionals on a daily basis ensuring that the special needs population will be supported. G As conditioned, the residence will be operated in accordance with the plan and policy of the PCMH. H. As conditioned, the use is in compliance with goals, policies, and objectives of the City's Comprehensive Plan, specifically with Growth Management Element Goal A and Policy A.1.d; Land Use Element Land Use Map, Goals, Policies, and Objectives Goal A, and Policy A.2, Residential Goals, Policies, and Objectives Goal B, and Policy B 1, and Goal C and Policy C.1, Utilities and Public Services Element Goal A and Policy A.3, and Goal B and Policy B.2; Housing Element Goal A. and Zoning Ordinance. The motion was seconded by Commissioner Boyle, and passed 5 -0. PRELIMINARY SUBDIVISION PENDLEY ESTATES-. 2300 Block of 14 Street between 14 and 16 Street: Proposal for a 17 -unit residential subdivision in the RS -9 Residential Single Family zone. Associate Planner Scott Johns reviewed the Department report recommending approval of the preliminary subdivision with 9 conditions, 22 findings, and 4 conclusions. He described the public notification process and stated that no written comments were received during the public notice period. Commissioner Boyle asked about the sidewalks included in the planning of the subdivision. Commissioner Bruch asked why the plans included a cul -de -sac as opposed to a through street. She expressed concern regarding this design relating to pedestrian access and traffic through the subdivision to adjacent streets. Director West stated that also reviews these issues and in this instance a cul -de -sac was acceptable to staff including the Fire Department. Further discussion took place regarding roadside ditches, storm water system, landscape requirements, and street trees. Chair Matthews reviewed the quasi judicial public hearing guidelines and qualifying statements with Commission members. Commissioners responded that they had no appearance of fairness or conflict of interest issues with regard to the pending public hearing matters. He then opened the public hearing at 8.55 p.m. Chair Matthews indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. Chris Hartman, 301 East 6' Street, Port Angeles, WA, Zenovic and Associates, represented the application and provided additional information about the development including the use of swales, the benefits of the cul -de -sac design, street trees, landscaping requirements, and proposed improvements to the 14 Street frontage. Planning Commission Mined es September 8, 2010 Page 15 Commissioner Powers and Bruch asked questions regarding the types of plants to be used in the landscaping, the use of rain gardens as a more economical alternative to storm water galleries, and pedestrian access to 16 Street. Kay Kassinger, 2603 South Francis Street, Port Angeles, WA, Clallam County Housing Authority Planning Manager, spoke regarding the landscape plans for the subdivision. Gina Steinmetz, 1428 Aurora Court, Port Angeles, WA described major flooding that regularly occurs in the area and current area development patterns. She stated concerns about traffic flow and safety of children at nearby bus stops. There being no further testimony, Chair Matthews closed the public hearing at 9 p.m. Associate Planner Scott Johns indicated that the City's Public Works and Utilities Department is well aware of local flooding issues. He also noted Condition #2 requiring street improvements. He read condition #2 regarding the street expansion. The Commissioners discussed with staff the street expansion and the fact that the applicant stated that they were only aware of the requirement for the frontage of the development not to the nearest developed area. Chair Matthews re- opened the public hearing at 9 p.m. specifically to address the street improvement issues. Chris Hartman, 301 East 6 Street, Port Angeles, WA, Zenovic and Associates, stated his position that the applicant should not be required to improve the street to the nearest developed area. He stated that the applicants should only be required to improve their property frontage. Director West and Planner Johns researched the requirement and supporting documentation. Kay Kassinger, 2603 South Francis Street, Port Angeles, WA, Clallam County Housing Authority Manager, agreed with Chris Hartntan's testimony, stating she was against being required to improve to the nearest developed property Director West apologized on behalf of staff that this requirement was not communicated to the applicant prior to the meeting. He asked if the applicant would object to postponement. Ms. Kassinger indicated that postponement would make it difficult to complete plans as proposed. Director West discussed the option for moving forward with the Commission which included approval, continuing to the next meeting, or modification of the conditions of approval. There being no further testimony, Chair Matthews closed the re- opened public hearing at 9:27 p.m. Chair Matthews stated that he preferred to modify the condition for street improvements. Director West stated that staff could modify Condition #2 and delete Condition #10, as it was redundant, to accomplish the Commission's intent. Following discussion, Commissioner Powers moved to recommend approval of the preliminary subdivision to the City Council subject to the following conditions, and supported by the following findings and conclusions: Conditions: 1 The interior street identified as Neil Court shall be dedicated and constructed per the City's Urban Service Standards and Guidelines including an improved walkway along at least one side prior to approval of the final plat. Plannrng Commission Minutes September 8, 2010 Page 16 2. Property as needed shall be dedicated to develop 14 Street and 16 Street to full width (70') rights of way Improvements shall be made to both 14th and 16th Streets rights of way frontage prior to final plat approval. Frontage improvements including sidewalk along 14 Street are required as shown on the plat per the City's Urban Services and Standards requirements. 3 Fire hydrant spacing shall be as required by the City Fire Department to a maximum 1000' of separation distance. Residences shall be fitted with residential sprinkler systems. Such wording shall be placed on the face of the final plat. 4 Utilities shall be underground with required easements for all utilities. 5 Prior to final plat approval, water service shall be extended to the lots as required by the Public Works and Utilities Department Urban Services Standards and Guidelines. A 10 -foot wide easement is required and is dimensioned but not shown within Lot 15 Water meters for Lots 15 17 shall be placed in the right of way per City Standard Detail. 6. Stormwater plans shall be submitted for approval per the City's Urban Services Standards and Guidelines and improvements made prior to final plat approval. Stormwater facilities to be conveyed to the City must be located in public right of way or in open spaces areas. Easements as necessary shall be provided. 7 Sanitary sewer shall be extended to the new lots as required by the Public Works and Utilities Department from Fourteenth Street and shown on the preliminary plat. 8. Building setbacks shall be identified on the final plat with address numbers provided by the City's Public Works and Utilities Department placed on the lots. 9 The applicant shall place a statement on the plat and make it known to all subsequent purchasers of subject lots that said lots are in the proximity of the William R. Fairchild International Airport and that the Port of Port Angeles does not warrant that these lots will always be outside the lowest noise contour currently established for residential use. Findings: 1 Chapter 16.08 of the Port Angeles Municipal Code (PAMC) sets forth local requirements for the approval of subdivisions. 2. Preliminary approval is based upon a drawing dated received July 27, 2010, prepared for the Housing Authority of Clallam County by Zenovic and Associates. The proposed layout indicates 17 residential building sites ranging in size from 9,000 to 10,781 square feet in area. Property owner Mark Macedo signed the application. 3 The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform division of land within the State of Washington. Section 58.17 110 requires a city to inquire into the public use and interest proposed to be served by the establishment of a subdivision. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts including sidewalks and other Planning Commission Minutes September 8, 2010 Page 17 planning features that assure safe walking conditions for students who only walk to and from school and whether the public interest will be served by the subdivision. A proposed subdivision shall not be approved unless the city can make written findings that these provisions are made. 4 Section 16 08 050(B)(1) PAMC provides that the Planning Commission shall examine the proposed plat, along with written recommendations of the City Departments, and shall either approve or disapprove the submittal. A recommendation thereon shall be forwarded to the City Council within a period of 90 days after a preliminary plat has been submitted to the City Planning Department. The City Council shall either approve or disapprove the proposed preliminary plat at a public meeting. 5 The Port Angeles Public Works and Utilities, Light, Parks, and Fire Departments reviewed the proposed Subdivision. Their comments have been incorporated in the Department's recommendation. 6. The subject property is located in the Northwest Planning Area of the city and identified as Low Density Residential on the Port Angeles Comprehensive Plan land use map. 7 The proposal has been reviewed with respect to the Comprehensive Plan. The following Comprehensive Plan policies are found to be most relevant to the proposal. Growth Management Element Goal A, Land Use Element Goal A, Policy A.2, Goal B, and Policies B.1, B.2, B.3, and Goal C, Transportation Element Goal A, and Policies A.6, and B.11, Utilities and Public Services Element Policy C.2; Capital Facilities Element Goals A and B, and Policies B.1, B.3, B.4, B.5, B 6, B.7, C.2, C.3, C.4, and C.5 (See Attachment B to staff report). 8. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer service and electrical service (Capital Facilities Element Policy A.9). 9 The City's Comprehensive Plan (Land Use Element Policy B.3) states that development should be designed to further the grid system pattern. Preliminary approval will be based upon the dedication of right -of -way to ensure compliance with the policy 10 The subject property is identified by the Port Angeles Zoning Map as Residential, single family (RS -9), which allows a density of up to 4.84 dwelling units per acre. The proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000 square feet in size. Proposed density is 3.9 units per acre. 11 The site is currently served by 14th Street. Fourteenth Street is neither an arterial street, a designated school walking route, nor a designated bicycle route. Site development will require dedication of right of way for the 16 Street frontage and improvement to abutting rights of way (14` and 16 Streets) per Section 16.08.060 PAMC and the City's Urban Services and Standards Guidelines Transportation Section Chapter 3B.10(A). Fourteenth Street frontage contains satisfactory right -of- way width (70'). Site design includes the required sidewalk along the 14 Street frontage. Planning Commission Minutes September 8, 1010 Page 18 12. No environmentally sensitive areas exist on the site. The site slopes downward from the west to northeast, with the lowest point on the site occurring approximately 165 feet south of 14th Street along the east property line. The site is not considered a frequently flooded area as it is not listed on the Federal Emergency Management Act (FEMA) maps which denote those areas that are in 100 -year flood areas. Some history of standing water exists in the area. A stormwater management plan is required for site development that will address runoff within and from the site. 13 Transit service is available at the 14th and "N" Street intersection approximately 500 feet east of the site. "N" Street is a designated school walking route but is not as yet developed with sidewalks in the area nearest to the proposed subdivision. 14 Building permits are required for all structures on the completed sites. Building and Fire Codes in place at time of development shall be complied with during construction including residential fire sprinkler systems. A note on the face of the final plat indicating a requirement for residential fire sprinkler systems will be required. 15 The Port Angeles School District has been notified of the development to allow them to plan for needed public school facilities and routes. 16. The City's Parks Department is aware of the proposal but staff does not believe the level of service for the area will be hampered as a result of the development. The nearest City Parks and Clallam County recreation facilities are located approximately one mile east of the site location. 17. All utilities including potable water, sanitary waste, and refuse collection are available in the area. 18. The City's Police, Fire, and Public Works and Utilities Departments will service the site. The location is outside of the City's four minute response area. 19 The City's State Environmental Policy Act (SEPA) Official issued a Determination of Nonsignificance (DNS #1276) on September 2, 2010, therefore satisfying the City's responsibility under the Act. 20. The Port of Port Angeles Fairchild International Airport and industrial park are located in the area south of the site. Port staff is aware of the proposed subdivision proposal. Wording will be placed on the face of the final plat such that those who purchase properties in the final subdivision will be aware of the existing on -going airport operation. 21 Although site design indicates development to minimum Suburban standards, site design indicates a standard full street width within Neil Court, the interior street. Roadside ditches are proposed under low impact development standards, and as such, abutting property owners are responsible for maintaining ditches, keeping them free of debris and maintained in a neat manner 22. The Planning Commission's decision is a recommendation to the City Council. The Commission acts as the City's hearing body for preliminary subdivision approval. Reports are advisory to ensure conformance of the proposed subdivision to the Planning Commission Minutes September 8, 2010 Page 19 general purposes of the City's Comprehensive Plan and to planning standards and specifications adopted by the City Conclusions: A. As conditioned, the proposed subdivision is consistent with the Port Angeles Comprehensive Plan and Zoning Code. Development per the City's Urban Services and Guidelines is mandatory B. As conditioned, the proposal is consistent with the Port Angeles Subdivision Ordinance, Chapter 16.08 PAMC, the Washington State Subdivision Act Chapter 58 17 RCW, and the City's Urban Services and Standards Guidelines. C. As conditioned and proposed, appropriate provisions have been made for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. D As conditioned, the public interest is served in the platting of this subdivision as articulated in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision provides for development of new homes within the City of Port Angeles consistent with the State Growth Management Act. The motion was seconded by Commissioner Sue, and passed 5 -0. COMMUNICATIONS FROM THE PUBLIC None. APPROVAL OF MINUTES Commissioner Bruch moved to approve the August 11, 2010, regular meeting minutes as presented. The motion was seconded by Commissioner Sue, and passed 5 -0. STAFF REPORTS Associate Planner Johns noted that the City had been awarded a $10,000 grant for an urban forestry analysis. Staff will receive proposals for service in the next two weeks for necessary work. He described what the resulting analysis would provide to the City He discussed a draft Tree Ordinance he has been working on, and described the next steps in the process to move forward with a Street Tree Inventory Program. Discussion followed regarding such a program. He added that a Shoreline Master Program public forum update will be conducted at the Vern Burton Community Center at 6 p.m., September 14, 2010 Director West stated that staff is moving forward with the Waterfront Transportation Improvement Plan (WTIP) project and expects to have a schematic design from the consultant by September 22, 2010 The consultants will be in Port Angeles the week of September 20 Planning Commission Minutes September 8, 2010 Page 20 REPORTS OF COMMISSION MEMBERS Commissioner Bruch said that she would like to look at the City's sidewalk requirements and asked that the Public Works and Utilities Department review stormwater issues. Planner Johns discussed sidewalk requirements as they related to the Comprehensive and Urban Services plans. Director West discussed the changes that would need to be made to require sidewalks on both sides of the street. Chair Matthews asked questions regarding Commissioner Reiss' absence and the notification process if Commissioner Reiss resigned. ADJOURNMENT The meeting adjourned at 9:50 p.m. Sue Roberd Secretary PREPARED BY City Clerk J Hurd 1 John Matthews, Chair